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Monday, June 11, 2012

Virginia Appeals Court Expands Use of Roadblocks

Very bad news for civil liberties.

Court of Appeals in Virginia gives police a free hand in setting up roadblocks to search motorists not suspected of any crime.
Police in Virginia may block off roads to search and interrogate motorists as long as a vague "plan" is filed in advance, the state Court of Appeals ruled last Tuesday. Michael Anthony Desposito challenged his May 27, 2009 arrest at a checkpoint run by the Hanover County Sheriff's Office on the ground that the department allowed its officers to run open-ended roadblocks in violation of the Fourth Amendment.
Though Fourth Amendment prohibits unreasonable searches and seizures, the Virginia courts presume that warrantless and suspicionless searches of motorists is acceptable as long as it is done in the name of safety.